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Do You Have to Install the Posts of a Wooden Privacy Fence on Your Property?

An improperly located privacy fence or misplaced fence components can escalate into a dispute between neighbors in short order. Such a circumstance would be avoided in many cases if homeowners would become familiar with state property laws before they raise a fence or raise a ruckus. Many states instituted fence laws when livestock was a common source of livelihood; the laws were designed to keep peace between neighbors concerned with livestock movement between properties. Many of these laws remain active, although there have been revisions over the years to suit changing circumstances. Property owners who are aware of a municipality's regulations can erect the posts of a wooden privacy fence in an appropriate area without fear of a dispute or litigation.
  1. Local Regulation

    • Each state provides property laws to which neighbors can refer in times of dispute. The laws include laws and regulations concerning the boundary lines between properties. As a general rule, each person can build up to the boundaries on the sides and rear of the property and up to the required distance from any sidewalk in front of the property. This means that any aspect of a fence, including the wood posts of a wooden privacy fence, must not exceed the line dividing neighboring properties or the line separating government land. Setback restrictions for the front of a property vary by zoning district.

    Property Line Identification

    • Property owners who are unsure of their land's boundary lines can obtain this information from the local city hall or county office before installing posts for a fence. The department of public works is generally in charge of the plans that show the locations of boundary markers. Property owners can also hire a professional land surveyor to correctly ascertain boundary lines. According to NOLO, land surveyors charge a fee of $500 or more for this service, and they can increase their fees if there are factors that complicate the process. Such factors might include unreliable maps, properties that contain large parcels of land and properties that have not been surveyed for a long time.

    Boundary Fence

    • A boundary fence marks the line dividing adjacent properties. In most states, the neighbors on each side of the line are responsible for sharing the cost of erecting the fence. Property owners can enter a written agreement with adjacent neighbors concerning the cost and maintenance of a fence prior to construction. This contract will help avoid disputes in the future.

    Fencing Height

    • States also have rules regarding acceptable height of fencing. According to NOLO, the acceptable height usually ranges from 4 to 6 feet. Generally, owners can build a fence that is up to 4 feet tall in front of a property and a fence that is up to 6 feet at the back. In special circumstances, a property owner can contact the city and obtain permission to build a higher fence, such as when the neighboring property is unsightly or noisy. Most cities make additional allowance for natural fences like trees and bushes but usually limit their height to 8 feet.